Divorce Given to a Menstruating Woman Takes Effect

Author: Ghulam Mustafa Aman Puri

A divorce given to a menstruating woman takes effect, as stated by Nafi' (may Allah have mercy on him). He narrates that Abdullah bin Umar (may Allah be pleased with him) divorced his wife while she was in her menstrual period. When Umar (may Allah be pleased with him) asked the Prophet Muhammad (peace be upon him) about this, the Prophet (peace be upon him) said:

مرہ فلیراجعھا، ثم لیطلقھا أو حاملا۔​

"Instruct him to take her back, then divorce her while she is in a state of purity or pregnancy."

(Sahih Bukhari: 5251, Sahih Muslim: 1471)

The words "فلیراجعھا" (instruct him to take her back) clearly indicate that the divorce took effect. If the divorce had not taken place, what would be the point of taking her back? Imam Bukhari (may Allah have mercy on him) has titled a chapter with these words: "The Statement that a Divorce Given to a Menstruating Woman is Considered."

Our stance is further supported by the fact that when Umar (may Allah be pleased with him) asked the Messenger of Allah (peace be upon him) whether this divorce should be counted, the Prophet (peace be upon him) replied, "Yes" (Sunan al-Daraqutni: 5/4, Sunan al-Kubra by al-Bayhaqi: 7/326, with a good chain).

Additionally, Abdullah bin Umar (may Allah be pleased with him) narrates that he divorced his wife during her menstrual period. Umar (may Allah be pleased with him) mentioned this incident to the Prophet (peace be upon him), who counted it as one divorce.

(Musnad al-Tayalisi: 68, Musnad Umar bin Khattab by Ibn al-Najjad: 1, with an authentic chain)

The person involved, Abdullah bin Umar (may Allah be pleased with him), himself states: "It was counted as one divorce for me." (Sahih Bukhari: 5253) The narrator of the Hadith, Ubaydullah bin Umar al-Umari, says: "Abdullah bin Umar's (may Allah be pleased with him) divorce given to his wife during her menstrual period was counted as one, although it was not according to the Sunnah."

(Sunan al-Daraqutni: 6/3, Musnad Umar bin Khattab, under Hadith: 3, with a good chain)

Imam Ata bin Abi Rabah (Musannaf Ibn Abi Shaybah: 5/5, with an authentic chain), Imam Zuhri (same reference, with an authentic chain), Imam Ibn Sirin (same reference, with an authentic chain), and Imam Jabir Zaid (same reference, with an authentic chain), along with all the scholars and Imams of the religion, considered a divorce given during menstruation as effective. Although a divorce given during menstruation is not according to the Sunnah, the Prophet (peace be upon him) validated it, leaving no doubt about its occurrence.

In Sunan Abi Dawood (2185), it is stated:

فردھا رسول اللہ صلی اللہ علیہ وسلم، ولم یرھا شیا۔۔۔

"The Prophet (peace be upon him) returned her to him and did not consider it (as a divorce according to the Sunnah)."

This means that the Prophet (peace be upon him) counted the divorce given during menstruation but did not regard it as commendable.

The wording in Sunan an-Nasa'i (3427, with an authentic chain) states:

"Abdullah bin Umar (may Allah be pleased with him) divorced his wife while she was in her menstrual period, so the Prophet (peace be upon him) instructed him to take her back (returning her to him) until he divorced her while she was in a state of purity."

This means that after the first divorce took effect, he took her back, then divorced her again while she was in a state of purity. Thus, all the narrations are consistent, as the authentic Hadith and the statement of Umar (may Allah be pleased with him) confirm that a divorce given during menstruation is effective.
 
Back
Top